News (Media Awareness Project) - US MI: Gratiot Preparing For Medical Marijuana Law Struggle |
Title: | US MI: Gratiot Preparing For Medical Marijuana Law Struggle |
Published On: | 2010-06-10 |
Source: | Morning Sun (Mt. Pleasant, MI) |
Fetched On: | 2010-06-11 15:01:25 |
GRATIOT PREPARING FOR MEDICAL MARIJUANA LAW STRUGGLE
Michigan voters passed the law allowing use of "medical marijuana"
and now even rural communities are going to have to deal with
proposed shops, "clubs," growing operations, even warehouses.
Alma City Manager Phil Moore said he's had a general inquiry about
such places, including a "warehouse," and the city's commissioners
have decided to ask the planning commission to look into it.
"We have different options here and we can work with Ithaca and St.
Louis," he said.
St. Louis City Manager Bob McConkie said he spoke with Moore a few
months ago and suggested that the cities share legal costs as they go
through the process of determining locations, security and
enforcement.
Cities cannot legally keep them out, although they can say where they
are located.
"We are obviously concerned," McConkie said. "There are appropriate
places and inappropriate places. We wouldn't want to see a marijuana
grow operation next to the high school."
The trouble is, the law is anything but clear.
"The state hasn't adopted appropriate statutes to regulate this,"
McConkie said. "There is no direction. The local communities will
have to figure it out. It's kind of an unfunded mandate."
The courts will ultimately decide the particulars and it will be the
local police agencies and communities that will bring those cases to
court, he said.
Currently, the law states that an individual who has a physician's
certificate stating to his or her debilitating condition that
marijuana may help, can smoke it legally.
A physician cannot prescribe marijuana as it is still against federal
law. He or she can only "recommend" it, according to the Michigan
Department of Community Health.
A patient or his or her "caregiver" can grow up to 12 marijuana
plants and possess up to 2.5 ounces of prepared marijuana. The
caregiver may "assist" up to five patients.
No marijuana can be smoked in public places.
But after that, the law becomes murky.
On the MDCH website for frequently asked questions, somebody asked if
patients can form growing cooperatives and the answer is, "The law
does not address this."
Not surprisingly therefore, where there's a will and a loophole,
marijuana "clubs" have popped up, as have warehouses where patients
can rent a space with a grow light to grow their own plants.
State Rep. Rick Jones, R-Grand Ledge, announced new legislation in
May to ban public marijuana clubs.
"Michiganders voted for the medical marijuana law so that people in
great pain could use the product in their own home or in a
hospice-type setting," he said in a press announcement. "They did not
envision the creation of clubs where users could get high and then
drive away endangering people.
"I have no objection to pain relief in a true medical need situation
and controlled by a real doctor," he continued. "However, we do not
need "clubs" springing up in cities or next to schools."
It's in these muddy waters that the local communities have to
navigate.
McConkie said there is a wide variance in the ordinances of the
cities that have allowed marijuana growing operations or shops.
"We are approaching this very cautiously," he said.
Both managers said they would not want to see marijuana operations
downtown and believe few in their cities would want that.
McConkie said he would ask his city council for their input and
believes the St. Louis planning commission will also tackle the
subject, as well.
Moore said police input will be solicited and public hearings are
likely in store.
According to one published report, more than 21,000 permits for
medical marijuana have been issued in the state. Another source said
17,000.
Applications for the permits cost $100 each and must be renewed each
year.
Michigan voters passed the law allowing use of "medical marijuana"
and now even rural communities are going to have to deal with
proposed shops, "clubs," growing operations, even warehouses.
Alma City Manager Phil Moore said he's had a general inquiry about
such places, including a "warehouse," and the city's commissioners
have decided to ask the planning commission to look into it.
"We have different options here and we can work with Ithaca and St.
Louis," he said.
St. Louis City Manager Bob McConkie said he spoke with Moore a few
months ago and suggested that the cities share legal costs as they go
through the process of determining locations, security and
enforcement.
Cities cannot legally keep them out, although they can say where they
are located.
"We are obviously concerned," McConkie said. "There are appropriate
places and inappropriate places. We wouldn't want to see a marijuana
grow operation next to the high school."
The trouble is, the law is anything but clear.
"The state hasn't adopted appropriate statutes to regulate this,"
McConkie said. "There is no direction. The local communities will
have to figure it out. It's kind of an unfunded mandate."
The courts will ultimately decide the particulars and it will be the
local police agencies and communities that will bring those cases to
court, he said.
Currently, the law states that an individual who has a physician's
certificate stating to his or her debilitating condition that
marijuana may help, can smoke it legally.
A physician cannot prescribe marijuana as it is still against federal
law. He or she can only "recommend" it, according to the Michigan
Department of Community Health.
A patient or his or her "caregiver" can grow up to 12 marijuana
plants and possess up to 2.5 ounces of prepared marijuana. The
caregiver may "assist" up to five patients.
No marijuana can be smoked in public places.
But after that, the law becomes murky.
On the MDCH website for frequently asked questions, somebody asked if
patients can form growing cooperatives and the answer is, "The law
does not address this."
Not surprisingly therefore, where there's a will and a loophole,
marijuana "clubs" have popped up, as have warehouses where patients
can rent a space with a grow light to grow their own plants.
State Rep. Rick Jones, R-Grand Ledge, announced new legislation in
May to ban public marijuana clubs.
"Michiganders voted for the medical marijuana law so that people in
great pain could use the product in their own home or in a
hospice-type setting," he said in a press announcement. "They did not
envision the creation of clubs where users could get high and then
drive away endangering people.
"I have no objection to pain relief in a true medical need situation
and controlled by a real doctor," he continued. "However, we do not
need "clubs" springing up in cities or next to schools."
It's in these muddy waters that the local communities have to
navigate.
McConkie said there is a wide variance in the ordinances of the
cities that have allowed marijuana growing operations or shops.
"We are approaching this very cautiously," he said.
Both managers said they would not want to see marijuana operations
downtown and believe few in their cities would want that.
McConkie said he would ask his city council for their input and
believes the St. Louis planning commission will also tackle the
subject, as well.
Moore said police input will be solicited and public hearings are
likely in store.
According to one published report, more than 21,000 permits for
medical marijuana have been issued in the state. Another source said
17,000.
Applications for the permits cost $100 each and must be renewed each
year.
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